Supergoop class action claims sunscreen falsely advertised as SPF 40

Supergoop sunscreen class action lawsuit overview: 

• Who: MarceAnn Dunning filed a class action lawsuit against Supergoop LLC. 
• Why: Dunning claims Supergoop’s Unseen Sunscreen SPF 40 products do not actually contain SPF 40, as advertised. 
• Where: The class action lawsuit was filed in New York federal court. 

Skincare company Supergoop LLC falsely advertised that its Supergoop Unseen Sunscreen SPF 40 products for face and body do not actually contain an SPF of 40, a new class action lawsuit alleges. 

Plaintiff MarceAnn Dunning claims the Supergoop sunscreen product actually contains an SPF protection that is “significantly lower.” 

The plaintiff argues Supergoop Unseen Face Sunscreen SPF 40 actually has an SPF of 23, while Supergoop Unseen Body Sunscreen SPF 40 is actually only SPF 20. 

“Based on the representation ‘SPF 40’ on the (principal display panels) of the Product, Dunning reasonably believed that the Product provided SPF 40 sun protection,” the Supergoop class action states.

Dunning wants to represent a nationwide class and New York subclass of consumers who have purchased Supergoop Unseen Sunscreen SPF 40 products between 2018 and the present. 

Supergoop should have known sunscreen didn’t contain SPF 40, class action says

Dunning argues testing she allegedly conducted in compliance with requirements set by the U.S. Food and Drug Administration showed that the SPF of the products was not actually 40. 

Supergoop, meanwhile, either knew or should have known that the sunscreen product allegedly contained “a materially lower SPF protection” than 40, as they would have been required to perform FDA-regulated testing. 

“Plaintiff and the Class members relied upon, and purchased the Products, believing that the Products provided SPF 40 sun protection as indicated on the Products’ (principal display panels),” the Supergoop class action states. 

Dunning claims Supergoop is guilty of unjust enrichment and breach of express warranty and of violating New York General Business Law. 

The plaintiff is demanding a jury trial and requesting injunctive and declaratory relief along with an award of all actual, general, special, incidental, statutory, treble, punitive, liquidated and consequential damages and/or restitution for herself and all class members. 

A similar class action lawsuit was filed against Target in November by a consumer arguing the company falsely advertises its Up & Up sunscreen is “reef conscious,” despite the product allegedly containing ingredients that harm coral reefs. 

Have you purchased Supergoop Unseen Sunscreen products? Let us know in the comments.

The plaintiff is represented by Christian Levis, Nicole A. Veno and Amanda Fiorilla of Lowey Dannenberg PC. 

The Supergood sunscreen class action lawsuit is Dunning v. Supergoop LLC, Case No. 1:23-cv-11242, in the U.S. District Court for the Southern District of New York.

Read About More Class Action Lawsuits & Class Action Settlements:

• Class action alleges Target ‘reef-conscious’ sunscreen contains ingredients dangerous to coral reefs
• Lumineux class action alleges teeth whitener falsely advertises 30-min. work time
• Revlon class action claims company falsely advertises hair color as ammonia-free
• Target class action alleges ‘Target Clean’ label misidentifies some products